Download or read book The Prosecutor in Transnational Perspective written by Erik Luna and published by Oxford University Press. This book was released on 2012-09-27 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Erik Luna and Marianne Wade examine the considerable powers of the American prosecutor and look abroad in order to learn valuable lessons from a transnational examination of prosecutorial authority. They explore parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Through the varied topics covered by the contributors on both sides of the Atlantic, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.
Download or read book The Prosecutor in Transnational Perspective written by Erik Luna and published by Oxford University Press. This book was released on 2012-08-20 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American prosecutor plays a powerful role in the judicial system, wielding the authority to accept or decline a case, choose which crimes to allege, and decide the number of counts to charge. These choices, among others, are often made with little supervision or institutional oversight. This prosecutorial discretion has prompted scholars to look to the role of prosecutors in Europe for insight on how to reform the American system of justice. In The Prosecutor in Transnational Perspective, Erik Luna and Marianne Wade, through the works of their contributors coupled with their own analysis, demonstrate that valuable lessons can be learned from a transnational examination of prosecutorial authority. They examine both parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Ultimately, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Download or read book The Opening Statement of the Prosecution in International Criminal Trials written by Sofia Stolk and published by Routledge. This book was released on 2021-04-20 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the discursive importance of the prosecution’s opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. This book aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times. It takes an interdisciplinary approach and looks at the meaning of the opening narrative beyond its function in the legal process in a strict sense, discussing the ways in which the trial is situated in time and space and how it portrays the main characters. It shows how perpetrators and victims, places and histories, are juridified in a narrative that, whilst purporting to legitimise the trial, the tribunal and international criminal law itself, is beset with tensions and contradictions. Providing an original perspective on the operation of international criminal law, this book will be of considerable interest to those working in this area, as well as those with relevant interests in International/Transnational Law more generally, Critical Legal Studies, Law and Literature, Socio-Legal Studies, Law and Geography and International Relations.
Download or read book The Oxford Handbook of Prosecutors and Prosecution written by Ronald F. Wright and published by Oxford University Press. This book was released on 2021-04-30 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric and heightened fear of crime among voters; legislatures' embrace of extreme sentencing ranges to respond to such concerns; and the uncertain or limited accountability of prosecutors to the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial behaviour and the institutional structures that frame their behavior. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial strategies and priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field.
Download or read book Powers of the Prosecutor in Criminal Investigation written by Karolina Kremens and published by Routledge. This book was released on 2021-03-26 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. Since in all four the number of criminal cases decided without trial is constantly increasing, criminal investigation has become central in the criminal process. The work asks: who should be in charge of this stage of the process? Prosecutors have gained tremendous powers to influence the outcome of the criminal cases, including powers once reserved for judges. In a system in which the role of the trial is diminishing and the significance of criminal investigation is growing, this book questions whether the prosecutor's powers at the early stage of the process should be enhanced. Using a problem-oriented approach, the book provides a parallel analysis of each country along five possible spheres of prosecutorial engagement: commencing criminal investigation; conducting criminal investigation, undertaking initial charging decisions; imposing coercive measures; and discontinuing criminal investigation. Using the competing adversarial–inquisitorial models as a framework, the focus is on the prosecutor as a crucial figure in the criminal process and investigation. The insights of this book will be of interest and relevance to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform.
Download or read book International Law and Transnational Organised Crime written by Pierre Hauck and published by Oxford University Press. This book was released on 2016-06-23 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Cold War, states have become increasingly engaged in the suppression of transnational organised crime. The existence of the UN Convention against Transnational Organised Crime and its Protocols demonstrates the necessity to comprehend this subject in a systematic way. Synthesizing the various sources of law that form this area of growing academic and practical importance, International Law and Transnational Organised Crime provides readers with a thorough understanding of the key concepts and legal instruments in international law governing transnational organised crime. The volume analyses transnational organised crime in consideration of the most relevant subareas of international law, such as international human rights and the law of armed conflict. Written by internationally recognized scholars in international and criminal law as well as respected high-level practitioners, this book is a useful tool for lawyers, public agents, and academics seeking straightforward and comprehensive access to a complex and significant topic.
Download or read book International Criminal Justice written by Gideon Boas and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.
Download or read book Comparative International and Global Justice written by Cyndi Banks and published by SAGE Publications. This book was released on 2015-09-23 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative, International and Global Justice: Perspectives from Criminology and Criminal Justice presents and critically assesses a wide range of topics relevant to criminology, criminal justice and global justice. The text is divided into three parts: comparative criminal justice, international criminology, and transnational and global criminology. Within each field are located specific topics which the authors regard as contemporary and highly relevant and that will assist students in gaining a fuller appreciation of global justice issues. Authors Cyndi Banks and James Baker address these complex global issues using a scholarly but accessible approach, often using detailed case studies. The discussion of each topic is a comprehensive contextualized account that explains the social context in which law and crime exist and engages with questions of explanation or interpretation. The authors challenge students to gain knowledge of international and comparative criminal justice issues and think about them in a critical manner. It has become difficult to ignore the global and international dimensions of criminal justice and criminology and this text aims to enhance criminal justice education by focusing on some of the issues engaging criminology worldwide, and to prepare students for a future where fields of study like transnational crime are unexceptional.
Download or read book Africa and the International Criminal Court written by Gerhard Werle and published by Springer. This book was released on 2014-09-09 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.
Download or read book The Evolving Role of the Public Prosecutor written by Victoria Colvin and published by Routledge. This book was released on 2018-09-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern public prosecutor is a figure both powerful and enigmatic. Legal scholars and criminologists often identify “three essential components” of criminal justice systems: police, courts and corrections. Yet increasingly, the public prosecutor occupies a distinct role independent from any of these branches. Acting outside of the court, and therefore largely out of the public eye, the prosecutor’s control over whether and what charges proceed to court can limit judicial discretion on sentencing, open pathways to alternative measures and even deny entry into the criminal justice system entirely. In this sense the prosecutor serves as a true “gatekeeper” to the criminal process. This book addresses key aspects of the evolving role of domestic and international prosecutors in common law and civil law systems in the twenty-first century, and the challenges posed by this evolution. This collection of chapters from respected scholars takes an international, comparative approach and explores how these different legal systems have borrowed theorisations and articulations of the prosecutorial role from each other in adapting the office to changing conditions and expectations. The volume is structured around four main themes relating to the role of the modern prosecutor: the nature of the prosecutor’s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicisation and accountability of prosecutors. This book is essential for scholars and students in criminal justice, pre-law/legal studies, criminology, justice studies and political science, and is useful as a resource for those interested in legal change around the world.
Download or read book Roma Tre Law Review written by and published by Roma TrE-Press. This book was released on with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Periodico semestrale del Dipartimento di Giurisprudenza
Download or read book Uruguay in Transnational Perspective written by Pedro Cameselle-Pesce and published by Taylor & Francis. This book was released on 2023-07-28 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most of the world knows Uruguay only for its soccer team, or its vaunted title as the "Switzerland of South America," an enduring moniker given to the country for its earlier social welfare policies and relative stability. Even many scholarly narratives of Latin America fail to integrate the country into historical accounts, reducing the country to, as one historian has explained, "a periphery within the periphery that is Latin America." This volume challenges that characterization, taking one of the most innovative small states in the region and analyzing its transnational influence on the world. Uruguay in Transnational Perspective takes a broad look at the country’s three-hundred-year history, connecting imperial practices and resistance, Afro-Latin movements, and feminist firebrands, among others to understand how the country and its citizens have influenced and shaped regional and global historical narratives in a way that has thus far been overlooked. With a true collaboration between scholars of the Global North and Global South, the volume is both transnational in its scholarly focus and its production. Its interdisciplinary nature offers a broad range of perspectives from leading scholars in the field to re-evaluate Uruguay’s impact on the global stage.
Download or read book Crime Justice and Social Order written by Alison Liebling and published by Oxford University Press. This book was released on 2022 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: To honour the extraordinary contribution of Professor Anthony Edward Bottoms to criminology and criminal justice, leading criminologists and penal scholars have been asked to contribute original essays on the wide range of areas in which he has written. The book starts by reflecting on the depth and breadth of Anthony's contribution and his melding of perspectives from moral philosophy, social theory, empirical social science research, and criminal justice. This is no ordinary collection, because it also contains a major essay by Anthony Bottoms, on Criminology and 'positive morality', reflecting on social order and social norms. In similar vein, Jonathan Jacobs approaches criminology from a moral philosophical viewpoint, whilst Ian Loader and Richard Sparks ponder social theory and contemporary criminology. Topically, Peter Neyroud reflects on evidence-based practice and the process of trying to do experiments in relation to policing. In the second section of the book on Crime, Justice, and Communities, Loraine Gelsthorpe reminds us that justice is about people, in considering the treatment of women in community justice. Joanna Shapland draws parallels between the process of desistance from crime and the potential role of restorative justice in affecting offenders' journeys. P.-O. Wikstrom reflects on the social ecology of crime, whilst Antje Du Bois Pedain considers the theoretical and practical challenges of sentencing constructively. Finally, the book turns to Anthony Bottoms' major interest in punishment and penal order. David Garland puts penal populism under the microscope, whilst Alison Liebling explores the empirical evidence for theories of penal legitimacy. Mike Nellis looks back at the use of the creative arts in prisons in Scotland's Barlinnie Unit, whilst Justice Tankebe explores police legitimacy.
Download or read book New England Law Review Volume 50 Number 1 Fall 2015 written by New England Law Review and published by Quid Pro Books. This book was released on 2016-03-28 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New England Law Review offers its issues in convenient digital formats for e-reader devices, apps, pads, and phones. This first issue of Volume 50 (Fall 2015) features an extensive and important Symposium entitled "Discipline, Justice, and Command in the U.S. Military," presented by leading scholars on the subject. Contents include: "Introduction to 'Discipline, Justice, and Command in the U.S. Military: Maximizing Strengths and Minimizing Weaknesses in a Special Society,'" by Victor Hansen "Discipline, Justice, and Command in the U.S. Military: Maximizing Strengths and Minimizing Weaknesses in a Special Society," by Rachel VanLandingham "On Unity: A Commentary on 'Discipline, Justice, and Command in the U.S. Military: Maximizing Strengths and Minimizing Weaknesses in a Special Society,'" by Elizabeth Hillman "To Prosecute, or Not to Prosecute: Who Should Make the Call?," by James Gallagher In addition, Issue 1 includes these extensive student contributions: Foreword,"50 Years: Through Changing Times the New England Law Review Remains a Constant," by Nicholas Baran Note, "A New Era of Eyewitness Identification Law: Putting Eyewitness Testimony on Trial," by Sara Conway Comment, "Without a Bright-line on the Green Line: How Commonwealth v. Robertson Failed to Criminalize Upskirt Photography," by Jeffrey Marvin Quality digital formatting includes linked notes, active table of contents, active URLs in notes, and proper Bluebook citations.
Download or read book Confirmation Bias in Criminal Cases written by Moa Lidén and published by Oxford University Press. This book was released on 2023-04-15 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In criminal cases, practitioners such as police officers, crime scene investigators, pathologists, prosecutors, and judges are expected to make decisions that are objective and impartial. However, research since the 1960's into so-called confirmation bias provides persuasive scientific evidence that humans are unable to do so. As flawed investigations and proceedings come to light, the importance of undertaking proper bias mitigation measures is clear. Confirmation Bias in Criminal Cases takes a multi-disciplinary approach to a complex, real-world issue. It lays out the chronology of criminal investigations and proceedings, and assesses how bias plays a role in each stage. It also offers research-based strategies to combat bias, such as independent review, contextual information management, linear sequential unmasking, and structured evaluations of the evidence. This book is vital reading for anyone involved in the criminal justice system. It not only gives a holistic view of the human element of confirmation bias but it also offers strategies for how to address it.
Download or read book EU Criminal Justice written by Tommaso Rafaraci and published by Springer. This book was released on 2018-12-13 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.
